WA government Roe 8 appeal successful

Opponents to the federal-backed Perth Freight Link have vowed to take their fight to the High Court after the WA government won an appeal to reverse a decision that invalidated environmental approval for the $1.9 billion project.

The Perth Freight Link aims to divert heavy trucks on to a direct route to Fremantle Port and will be the state's first toll road, but conservationists are up in arms as the first stage, known as Roe 8, will cut through the environmentally sensitive Beeliar wetlands.

The Environmental Protection Authority approved Roe 8, but protest group Save Beeliar Wetlands successfully challenged it in court, Chief Justice Wayne Martin ruling the watchdog "took no account of its own published policies" but was legally obliged to.

The Barnett government then filed an appeal, which the full bench of the WA Court of Appeal unanimously upheld on Friday, accepting the state's argument the watchdog's policies were mere guidelines.

Save Beelair Wetlands spokeswoman Kate Kelly said the group might need to raise more funds for a High Court appeal, depending on how costs were awarded following Friday's decision.

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"They do not have a mandate to build this road. Take it to the election.

"We've got seven-and-a-half months left of this term of government - I think we'll be able to hold on."

She said construction was already on hold pending the outcome of an appeal to deregister an Aboriginal sacred site within the Beeliar reserve.

Opposition environmental spokesman Chris Tallentire labelled the state government "environmental vandals" and warned them against signing contracts for the project as Labor would not support it if it won the next election.

"It's time they realised this project has no community support ... Back off and let the people decide in March next year," he said.

Local mother and teacher Renee Schipp said she was devastated.

"One of the things that we love so about the area that we live in is the biodiversity and we're going to lose so much of that," she said.

Greens MP Lynne MacLaren said she had never before in her political career "heard so many people commit to standing in front of bulldozers" if the project proceeded.

The EPA had gone back to the drawing board with the assessment process, but that was no longer needed, Mr Jacob said.

"The reassessment of Roe 8 will no longer be required because the original EPA assessment and my ministerial approval remains valid," he said.

The initial court loss prompted the state government to order an independent "health check" of the EPA, the review team concluding its policies and procedures were too complicated, and the policy framework should be improved.